The Ministry of Defence Police (Conduct etc.) Regulations 2015

Modification to regulation 32 (attendance of officer concerned at misconduct proceedings)

27

In regulation 32—

• (a) in paragraph (2), omit “conducting or” in both places where those words appear;

• (b) in paragraph (3)(a)(ii), omit “in the case of a misconduct hearing, the”.

Modification to regulation 33 (participation of Director General or Ombudsman and investigator at misconduct proceedings)

28

In regulation 33—

• (a) in paragraphs (3)(a)(ii) and (b) and (5), omit “conducting or”;

• (b) in paragraph (7), omit “person or”.

Modification to regulation 34 (attendance of complainant or interested person at misconduct proceedings)

29

In regulation 34—

• (a) omit paragraphs (3), (4) and (8);

• (b) in paragraph (7), omit “conducting or”.

Modification to regulation 35 (attendance of others at misconduct proceedings)

30

In regulation 35—

• (a) omit paragraphs (1) and (3) to (5);

• (b) in paragraph (6), omit “conducting or”.

Modification to regulation 36 (exclusion from misconduct proceedings)

31

In regulation 36, in paragraphs (1) and (2), omit “conducting or”.

Modification to regulation 37 (procedure at misconduct proceedings)

32

In regulation 37—

• (a) in paragraphs (1), (3), (8) and (9), omit “conducting or”;

• (b) in paragraph (10)(c), after paragraph (i), insert—

(ia) regulation 21A(2) (notice of enquiry of officer concerned during investigation),

• (c) in paragraphs (11), (12) and (13), omit “person or”;

• (d) in paragraph (12), for the words from “amounts” to the end substitute “amounts to misconduct, gross misconduct or neither”.

Modification to regulation 38 (senior officers: further meeting or further hearing of MOD Police Committee to consider disciplinary action)

33

In regulation 38—

• (a) in the heading, omit “further meeting or”;

• (b) in paragraph (1)—

• (i) for “is” substitute “was at the relevant time”;

• (ii) for “meeting or hearing” substitute “proceedings”;

• (iii) in sub-paragraph (a)(iii), for the words from “misconduct or” to the end substitute “gross misconduct, a recommendation as to whether disciplinary action should be imposed”;

• (c) in paragraph (3), for the words from “must” to the end substitute “must hold a further hearing for the purpose of considering whether disciplinary action should be imposed”;

• (d) in paragraph (4), for the words from “paragraph (7)” to the end substitute “paragraph (7) to a further hearing under paragraph (3) as if it were a misconduct hearing”;

• (e) in paragraph (5), omit “further meeting or”;

• (f) in paragraph (7)(a), omit “conducting or”.

Modification to regulation 39 (outcome of misconduct proceedings)

34

For regulation 39 substitute—

(39) (1) The persons conducting misconduct proceedings in the case where the officer concerned was at the relevant time an officer other than a senior officer may— (a) where they find the conduct amounts to gross misconduct, impose disciplinary action; or (b) where they find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (2) At a further hearing held under regulation 38(3), the MOD Police Committee may— (a) where the finding set out in the report is that the conduct amounted to gross misconduct, impose disciplinary action; or (b) where the finding set out in the report is that the conduct amounted to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (3) Where the question of disciplinary action is being considered by the persons mentioned in paragraph (1) or by the Committee mentioned in paragraph (2), those persons or that Committee (as the case may be)— (a) must have regard to the record of police service of the officer concerned; (b) may receive evidence from any witness whose evidence would, in their opinion, assist them in determining the question; and (c) must give— (i) the officer concerned, the police friend or the relevant lawyer; and (ii) in the case where the officer concerned was at the relevant time an officer other than a senior officer, the relevant authority or any person appointed to advise the relevant authority (regulation 11(2)), an opportunity to make oral or written representations before any such question is determined.

Modification to regulation 40 (notification of outcome)

35

In regulation 40—

• (a) in paragraph (1)—

• (i) omit “of” in the first place where it appears;

• (ii) at the beginning of sub-paragraphs (a) and (b), insert “of”;

• (iii) in sub-paragraph (a), omit “person or”;

• (iv) in sub-paragraph (c)—

• (aa) for “meeting” substitute “further hearing”;

• (bb) for “any disciplinary action” substitute “whether disciplinary action has been”;

• (b) in paragraph (2)—

• (i) for “of any disciplinary action” substitute “whether disciplinary action has been”;

• (ii) omit “further meeting or”;

• (c) in paragraph (3)—

• (i) omit “misconduct or”;

• (ii) for sub-paragraph (a) substitute—

(a) notice of the right of the officer concerned to appeal to a police appeals tribunal;

• (iii) omit sub-paragraph (b);

• (d) in paragraph (5), for the words from the beginning to “without notice)” substitute “Where disciplinary action is imposed”.

Modification to regulation 40A (publication of information in relation to outcome)

36

In regulation 40A(3)(b), omit “misconduct or”.

Modification to regulation 41 (record of misconduct proceedings)

37

In regulation 41, for paragraph (1) substitute—

(1) The relevant authority must ensure that a verbatim record of the misconduct proceedings is taken.

Modifications: omission of regulations 42 (appeal from misconduct meeting: officers other than senior officers), 43 (appeal meeting) and 44 (procedure and finding of the appeal)

38

Omit regulations 42 to 44.

Modification to regulation 45 (referral of case to special case hearing)

39

In regulation 45—

• (a) after paragraph (1), insert—

(1A) In relation to a Condition C person, the relevant authority must not refer the case to a special case hearing unless the Director General has made a Condition C special determination under regulation 22C(2) that the taking of disciplinary proceedings against the person in respect of alleged gross misconduct would be reasonable and proportionate. (1B) Where the Director General has made such a determination, the relevant authority must, when making its determination under paragraph (1), determine that the special condition mentioned in regulation 22(4)(b) is satisfied in respect of that person.

• (b) in paragraph (7), in the modifying text, omit “misconduct or” in the first place where these words appear;

• (c) after paragraph (8), insert—

(9) Where disciplinary proceedings have already been taken against the officer concerned after an investigation under these Regulations or external procedures in relation to an allegation, the case may not be referred to a special case hearing unless— (a) there has been a re-investigation of the allegation under these Regulations or external procedures; and (b) that re-investigation began within the period of 12 months beginning with the date on which that person ceased to be an MDP officer.

Modification to regulation 46 (notice of referral to special case hearing)

40

In regulation 46(1)(b)(iii), after paragraph (aa)—

• (a) omit “and”;

• (b) insert—

(ab) in the case of a Condition C person, any written statement or document provided to the Director General under regulation 22D(3) and any response to a consultation under regulation 22D(1)(b) or (c); and

Modification to regulation 47 (remission of case)

41

In regulation 47(3), in the modifying text, omit “misconduct or” in the first place where these words appear.

Modification to regulation 50 (person conducting special case hearing: officers other than senior officers)

42

In regulation 50(1), for “is” substitute “was at the relevant time”.

Modification to regulation 51 (persons conducting special case hearing: senior officers)

43

In regulation 51(1), for “is” substitute “was at the relevant time”.

Modification to regulation 57 (procedure at special case hearing)

44

In regulation 57, after paragraph (9)(c)(i) insert—

(ia) regulation 21A(1) (notice of enquiry of officer concerned during investigation),

Modification to regulation 58 (senior officers: further hearing of MOD Police Committee to consider disciplinary action)

45

In regulation 58—

• (a) in paragraph (1), for “is” substitute “was at the relevant time”;

• (b) in paragraph (3), for “what disciplinary action (if any)” substitute “whether disciplinary action”.

Modification to regulation 59 (outcome of special case hearing)

46

For regulation 59 substitute—

(59) (1) The person or persons conducting the special case hearing in the case where the officer concerned was at the relevant time an officer other than a senior officer may— (a) where they find the conduct amounts to gross misconduct, impose disciplinary action; or (b) where they find the conduct amounts to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (2) At a hearing held under regulation 58, the appropriate authority may— (a) where the finding set out in the report under regulation 58(1) is that the conduct amounted to gross misconduct, impose disciplinary action; or (b) where the finding set out in the report is that the conduct amounted to misconduct but not gross misconduct, record a finding of misconduct but take no further action. (3) Where the question of disciplinary action is being considered by the person or persons mentioned in paragraph (1) or by the authority mentioned in paragraph (2), that person, those persons or that authority (as the case may be)— (a) must have regard to the record of police service of the officer concerned; (b) may consider such documentary evidence as would, in their opinion, assist them in determining the question; and (c) must give— (i) the officer concerned; and (ii) the police friend or relevant lawyer of the officer concerned, an opportunity to make oral or written representations.

Modification to regulation 60 (notification of outcome)

47

In regulation 60—

• (a) in paragraph (1)—

• (i) omit “of” in the first place where it appears;

• (ii) at the beginning of each of sub-paragraphs (a) and (b), insert “of”;

• (iii) in sub-paragraph (c), for the words from “any” to the end substitute “whether disciplinary action has been imposed under regulation 59(1) (outcome of special case hearing)”;

• (b) in paragraph (2)(a), omit “or any action taken under regulation 59(7)”;

• (c) in paragraph (5), for the words from the beginning to “without notice)” substitute “Where disciplinary action is imposed,”.